Senate Bill 2288c1

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    Florida Senate - 1998                           CS for SB 2288

    By the Committee on Criminal Justice and Senator Gutman





    307-1962-98

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 943.053, F.S.; authorizing the release of

  4         certain juvenile criminal history records to a

  5         private entity under contract with the

  6         Department of Juvenile Justice; providing that

  7         such records remain confidential and exempt

  8         from the public records law; amending s.

  9         984.03, F.S.; revising definitions; providing

10         for a juvenile probation officer to perform

11         certain duties formerly performed by an intake

12         counselor or case manager; amending s. 985.03,

13         F.S.; revising definitions; providing for a

14         juvenile probation officer to perform certain

15         duties formerly performed by an intake

16         counselor or case manager; providing that

17         penalties imposed for an escape from detention

18         or a commitment facility apply to a juvenile

19         who escapes from a maximum-risk residential

20         facility; conforming cross-references to

21         changes made by the act; amending ss. 985.207,

22         985.208, F.S., relating to conditions for

23         taking a juvenile into custody and detention;

24         conforming provisions to changes made by the

25         act; amending s. 985.209, F.S.; providing for

26         the Department of Juvenile Justice to establish

27         juvenile assessment centers; providing for the

28         centers to be operated through cooperative

29         agreements with other state agencies; providing

30         for intake and screening services; amending ss.

31         985.21, 985.211, F.S.; providing for certain

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  1         functions formerly considered case-management

  2         functions to be probation functions; amending

  3         s. 985.215, F.S.; conforming terminology to

  4         changes made by the act; requiring that a

  5         juvenile held in secure detention awaiting

  6         dispositional placement meet certain criteria

  7         for detention; amending s. 985.216, F.S.;

  8         deleting a provision authorizing placement of a

  9         juvenile in a secure residential commitment

10         facility for direct or indirect contempt of

11         court; amending ss. 985.226, 985.23, F.S.,

12         relating to criteria for waiver of jurisdiction

13         and disposition hearings in delinquency cases;

14         conforming provisions to changes made by the

15         act; amending s. 985.231, F.S.; providing for

16         placing a juvenile on home detention with

17         electronic monitoring if a residential

18         consequence unit is not available; amending ss.

19         985.301, 985.304, F.S., relating to civil

20         citations and community arbitration; conforming

21         provisions to changes made by the act; deleting

22         certain references to case-management services;

23         amending s. 985.307, F.S.; extending the period

24         during which the Department of Juvenile Justice

25         is authorized to operate juvenile assignment

26         centers; amending ss. 985.31, 985.311, F.S.,

27         relating to serious or habitual juvenile

28         offenders and intensive residential treatment

29         programs for offenders less than 13 years of

30         age; conforming provisions to changes made by

31         the act; transferring, renumbering, and

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  1         amending s. 944.401, F.S., relating to the

  2         offense of escaping from secure detention or a

  3         residential commitment facility; conforming a

  4         cross-reference; amending s. 985.406, F.S.,

  5         relating to juvenile justice training

  6         academies; conforming provisions to changes

  7         made by the act; amending s. 985.412, F.S.;

  8         deleting a duty of the department's inspector

  9         general with respect to quality assurance;

10         amending s. 985.413, F.S.; increasing the

11         number of consecutive terms that may be served

12         by a member of a district juvenile justice

13         board; deleting an exemption from such

14         limitation; amending s. 985.414, F.S.;

15         specifying the parties to be included in an

16         interagency agreement for developing a county

17         juvenile justice plan; amending s. 985.415,

18         F.S.; revising eligibility requirements for a

19         Community Juvenile Justice Partnership Grant;

20         providing effective dates.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Subsection (8) is added to section 943.053,

25  Florida Statutes, to read:

26         943.053  Dissemination of criminal justice information;

27  fees.--

28         (8)  Notwithstanding s. 943.0525 or any user agreement

29  adopted under s. 943.0525, and notwithstanding the

30  confidentiality of sealed records provided in s. 943.059, the

31  Department of Juvenile Justice and any other state or local

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  1  criminal justice agency may provide a copy of the Florida

  2  criminal history records of a juvenile offender currently or

  3  formerly detained or housed in a contracted juvenile

  4  assessment center or detention facility, or treated through a

  5  treatment program, or the Florida criminal history records of

  6  an employee or other individual who has access to a contracted

  7  juvenile assessment center, detention facility, or treatment

  8  program, only to an entity under direct contract with the

  9  Department of Juvenile Justice to operate a juvenile

10  assessment center, detention facility, or treatment program.

11  The criminal justice agency may assess a charge for providing

12  the records as provided in chapter 119. A sealed record

13  received by a private entity under this subsection remains

14  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

15  of the State Constitution. Information provided under this

16  subsection may be used only for the criminal justice purpose

17  for which it was requested and may not be further

18  disseminated.

19         Section 2.  Paragraph (c) of subsection (29), paragraph

20  (c) of subsection (30), and subsections (31), (32), and (33)

21  of section 984.03, Florida Statutes, are amended to read:

22         984.03  Definitions.--When used in this chapter, the

23  term:

24         (29)  "Habitually truant" means that:

25         (c)  A school representative, designated according to

26  school board policy, and a juvenile probation officer an

27  intake counselor or case manager of the Department of Juvenile

28  Justice have jointly investigated the truancy problem or, if

29  that was not feasible, have performed separate investigations

30  to identify conditions that which may be contributing to the

31  truant behavior; and if, after a joint staffing of the case to

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  1  determine the necessity for services, such services were

  2  determined to be needed, the persons who performed the

  3  investigations met jointly with the family and child to

  4  discuss any referral to appropriate community agencies for

  5  economic services, family or individual counseling, or other

  6  services required to remedy the conditions that are

  7  contributing to the truant behavior.

  8         (30)  "Intake" means the initial acceptance and

  9  screening by the Department of Juvenile Justice of a complaint

10  or a law enforcement report or probable cause affidavit of

11  delinquency, family in need of services, or child in need of

12  services to determine the recommendation to be taken in the

13  best interests of the child, the family, and the community.

14  The emphasis of intake is on diversion and the least

15  restrictive available services. Consequently, intake includes

16  such alternatives as:

17         (c)  The recommendation by the juvenile probation

18  officer intake counselor or case manager of judicial handling

19  when appropriate and warranted.

20         (31)  "Intake counselor" or "case manager" means the

21  authorized agent of the Department of Juvenile Justice

22  performing the intake or case management function for a child

23  alleged to be delinquent or in need of services, or from a

24  family in need of services.

25         (31)(32)  "Judge" means the circuit judge exercising

26  jurisdiction pursuant to this chapter.

27         (32)(33)  "Juvenile justice continuum" includes, but is

28  not limited to, delinquency prevention programs and services

29  designed for the purpose of preventing or reducing delinquent

30  acts, including criminal activity by youth gangs and juvenile

31  arrests, as well as programs and services targeted at children

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  1  who have committed delinquent acts, and children who have

  2  previously been committed to residential treatment programs

  3  for delinquents. The term includes

  4  children-in-need-of-services and families-in-need-of-services

  5  programs; aftercare and reentry services; substance abuse and

  6  mental health programs; educational and vocational programs;

  7  recreational programs; community services programs; community

  8  service work programs; and alternative dispute resolution

  9  programs serving children at risk of delinquency and their

10  families, whether offered or delivered by state or local

11  governmental entities, public or private for-profit or

12  not-for-profit organizations, or religious or charitable

13  organizations.

14         (33)  "Juvenile probation officer" means the authorized

15  agent of the department who performs and directs intake,

16  assessment, probation or aftercare, and other related

17  services.

18         Section 3.  Paragraph (c) of subsection (27), paragraph

19  (c) of subsection (29), and subsections (30), (31), (32),

20  (45), and (55) of section 985.03, Florida Statutes, are

21  amended to read:

22         985.03  Definitions.--When used in this chapter, the

23  term:

24         (27)  "Habitually truant" means that:

25         (c)  A school representative, designated according to

26  school board policy, and a juvenile probation officer an

27  intake counselor or case manager of the Department of Juvenile

28  Justice have jointly investigated the truancy problem or, if

29  that was not feasible, have performed separate investigations

30  to identify conditions that could which may be contributing to

31  the truant behavior; and if, after a joint staffing of the

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  1  case to determine the necessity for services, such services

  2  were determined to be needed, the persons who performed the

  3  investigations met jointly with the family and child to

  4  discuss any referral to appropriate community agencies for

  5  economic services, family or individual counseling, or other

  6  services required to remedy the conditions that are

  7  contributing to the truant behavior.

  8         (29)  "Intake" means the initial acceptance and

  9  screening by the Department of Juvenile Justice of a complaint

10  or a law enforcement report or probable cause affidavit of

11  delinquency, family in need of services, or child in need of

12  services to determine the recommendation to be taken in the

13  best interests of the child, the family, and the community.

14  The emphasis of intake is on diversion and the least

15  restrictive available services. Consequently, intake includes

16  such alternatives as:

17         (c)  The recommendation by the juvenile probation

18  officer intake counselor or case manager of judicial handling

19  when appropriate and warranted.

20         (30)  "Intake counselor" or "case manager" means the

21  authorized agent of the Department of Juvenile Justice

22  performing the intake or case management function for a child

23  alleged to be delinquent.

24         (30)(31)  "Judge" means the circuit judge exercising

25  jurisdiction pursuant to this chapter.

26         (31)(32)  "Juvenile justice continuum" includes, but is

27  not limited to, delinquency prevention programs and services

28  designed for the purpose of preventing or reducing delinquent

29  acts, including criminal activity by youth gangs, and juvenile

30  arrests, as well as programs and services targeted at children

31  who have committed delinquent acts, and children who have

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  1  previously been committed to residential treatment programs

  2  for delinquents. The term includes

  3  children-in-need-of-services and families-in-need-of-services

  4  programs; aftercare and reentry services; substance abuse and

  5  mental health programs; educational and vocational programs;

  6  recreational programs; community services programs; community

  7  service work programs; and alternative dispute resolution

  8  programs serving children at risk of delinquency and their

  9  families, whether offered or delivered by state or local

10  governmental entities, public or private for-profit or

11  not-for-profit organizations, or religious or charitable

12  organizations.

13         (32)  "Juvenile probation officer" means the authorized

14  agent of the Department of Juvenile Justice who performs the

15  intake or case-management function for a child alleged to be

16  delinquent.

17         (45)  "Restrictiveness level" means the level of

18  custody provided by programs that service the custody and care

19  needs of committed children. There shall be five

20  restrictiveness levels:

21         (a)  Minimum-risk nonresidential.--Youth assessed and

22  classified for placement in programs at this restrictiveness

23  level represent a minimum risk to themselves and public safety

24  and do not require placement and services in residential

25  settings. Programs or program models in this restrictiveness

26  level include: community counselor supervision programs,

27  special intensive group programs, nonresidential marine

28  programs, nonresidential training and rehabilitation centers,

29  and other local community nonresidential programs.

30         (b)  Low-risk residential.--Youth assessed and

31  classified for placement in programs at this level represent a

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  1  low risk to themselves and public safety and do require

  2  placement and services in residential settings. Programs or

  3  program models in this restrictiveness level include: Short

  4  Term Offender Programs (STOP), group treatment homes, family

  5  group homes, proctor homes, and Short Term Environmental

  6  Programs (STEP). Section 985.3141 944.401 applies to children

  7  placed in programs in this restrictiveness level.

  8         (c)  Moderate-risk residential.--Youth assessed and

  9  classified for placement in programs in this restrictiveness

10  level represent a moderate risk to public safety.  Programs

11  are designed for children who require close supervision but do

12  not need placement in facilities that are physically secure.

13  Programs in the moderate-risk residential restrictiveness

14  level provide 24-hour awake supervision, custody, care, and

15  treatment.  Upon specific appropriation, a facility at this

16  restrictiveness level may have a security fence around the

17  perimeter of the grounds of the facility and may be

18  hardware-secure or staff-secure. The staff at a facility at

19  this restrictiveness level may seclude a child who is a

20  physical threat to himself or others.  Mechanical restraint

21  may also be used when necessary. Programs or program models in

22  this restrictiveness level include: halfway houses, START

23  Centers, the Dade Intensive Control Program, licensed

24  substance abuse residential programs, and moderate-term

25  wilderness programs designed for committed delinquent youth

26  that are operated or contracted by the Department of Juvenile

27  Justice.  Section 985.3141 944.401 applies to children in

28  moderate-risk residential programs.

29         (d)  High-risk residential.--Youth assessed and

30  classified for this level of placement require close

31  supervision in a structured residential setting that provides

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  1  24-hour-per-day secure custody, care, and supervision.

  2  Placement in programs in this level is prompted by a concern

  3  for public safety that outweighs placement in programs at

  4  lower restrictiveness levels. Programs or program models in

  5  this level are staff-secure or physically secure residential

  6  commitment facilities and include: training schools, intensive

  7  halfway houses, residential sex offender programs, long-term

  8  wilderness programs designed exclusively for committed

  9  delinquent youth, boot camps, secure halfway house programs,

10  and the Broward Control Treatment Center. Section 985.3141

11  944.401 applies to children placed in programs in this

12  restrictiveness level.

13         (e)  Maximum-risk residential.--Youth assessed and

14  classified for this level of placement require close

15  supervision in a maximum security residential setting that

16  provides 24-hour-per-day secure custody, care, and

17  supervision. Placement in a program in this level is prompted

18  by a demonstrated need to protect the public. Programs or

19  program models in this level are maximum-secure-custody,

20  long-term residential commitment facilities that are intended

21  to provide a moderate overlay of educational, vocational, and

22  behavioral-modification services. Section 985.3141 applies to

23  children placed in programs in this restrictiveness level. and

24  include programs for serious and habitual juvenile offenders

25  and other maximum-security program models authorized by the

26  Legislature and established by rule.

27         (55)  "Temporary release" means the terms and

28  conditions under which a child is temporarily released from a

29  commitment facility or allowed home visits. If the temporary

30  release is from a moderate-risk residential facility, a

31  high-risk residential facility, or a maximum-risk residential

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  1  facility, the terms and conditions of the temporary release

  2  must be approved by the child, the court, and the facility.

  3  The term includes periods during which the child is supervised

  4  pursuant to a reentry program or an aftercare program or a

  5  period during which the child is supervised by a juvenile

  6  probation officer case manager or other nonresidential staff

  7  of the department or staff employed by an entity under

  8  contract with the department. A child placed in a

  9  postcommitment supervision community control program by order

10  of the court is not considered to be on temporary release and

11  is not subject to the terms and conditions of temporary

12  release.

13         Section 4.  Subsection (2) of section 985.207, Florida

14  Statutes, is amended to read:

15         985.207  Taking a child into custody.--

16         (2)  When a child is taken into custody as provided in

17  this section, the person taking the child into custody shall

18  attempt to notify the parent, guardian, or legal custodian of

19  the child.  The person taking the child into custody shall

20  continue such attempt until the parent, guardian, or legal

21  custodian of the child is notified or the child is delivered

22  to a juvenile probation officer an intake counselor pursuant

23  to s. 985.21, whichever occurs first.  If the child is

24  delivered to a juvenile probation officer an intake counselor

25  before the parent, guardian, or legal custodian is notified,

26  the juvenile probation officer intake counselor or case

27  manager shall continue the attempt to notify until the parent,

28  guardian, or legal custodian of the child is notified.

29         Section 5.  Subsection (2) of section 985.208, Florida

30  Statutes, is amended to read:

31

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  1         985.208  Detention of furloughed child or escapee on

  2  authority of the department.--

  3         (2)  Any sheriff or other law enforcement officer, upon

  4  the request of the secretary of the department or duly

  5  authorized agent, shall take a child who has escaped or

  6  absconded from a department facility for committed delinquent

  7  children, or from being lawfully transported thereto or

  8  therefrom, into custody and deliver the child to the

  9  appropriate juvenile probation officer intake counselor or

10  case manager of the department.

11         Section 6.  Section 985.209, Florida Statutes, is

12  amended to read:

13         985.209  Juvenile justice assessment centers.--

14         (1)  As used in this section, the term "center" means a

15  juvenile assessment center comprising community operated

16  facilities and programs that provide colocated central intake

17  and screening services for youth referred to the Department of

18  Juvenile Justice.

19         (2)  The department shall work cooperatively with

20  substance abuse programs, mental health providers, law

21  enforcement agencies, schools, health service providers, the

22  public defenders, and other agencies serving youth to

23  establish juvenile assessment centers. Each current and newly

24  established center shall be developed and modified through the

25  local initiative of community agencies and local governments

26  and shall provide a broad array of youth-related services

27  appropriate to the needs of the community where the center is

28  located.

29         (3)  Each center shall be managed and governed by the

30  participating agencies, consistent with respective statutory

31  requirements of each agency, through an advisory committee and

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  1  interagency agreements established with participating

  2  entities. The advisory committee shall guide the center's

  3  operation and ensure that appropriate and relevant agencies

  4  are collaboratively participating in and providing services at

  5  the center. Each participating state agency shall have

  6  operational oversight of only those individual service

  7  components located and provided at the center for which the

  8  state agency has statutory authority and responsibility.

  9         (4)  Each center shall provide colocated central intake

10  and screening services for youth referred to the department.

11  The center shall provide sufficient services needed to

12  facilitate the initial screening of and case processing for

13  youth, including, at a minimum, delinquency intake; positive

14  identification of the youth; detention admission screening;

15  needs assessment; substance abuse screening and assessments;

16  physical and mental health screening; and diagnostic testing

17  as appropriate. The department shall provide sufficient staff

18  and resources at a center to provide detention screening and

19  intake services.

20         (5)  Each center must provide for the coordination and

21  sharing of information among the participating agencies to

22  facilitate the screening of and case processing for youth

23  referred to the department. The department shall work

24  cooperatively with substance abuse facilities, mental health

25  providers, law enforcement agencies, schools, health services

26  providers, and other entities involved with children to

27  establish a juvenile justice assessment center in each service

28  district. The assessment center shall serve as central intake

29  and screening for children referred to the department. Each

30  juvenile justice assessment center shall provide services

31  needed to facilitate initial screening of children, including

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  1  intake and needs assessment, substance abuse screening,

  2  physical and mental health screening, and diagnostic testing,

  3  as appropriate. The entities involved in the assessment center

  4  shall make the resources for the provision of these services

  5  available at the same level to which they are available to the

  6  general public.

  7         Section 7.  Section 985.21, Florida Statutes, is

  8  amended to read:

  9         985.21  Intake and case management.--

10         (1)(a)  During the intake process, the juvenile

11  probation officer intake counselor shall screen each child to

12  determine:

13         1.  Appropriateness for release, referral to a

14  diversionary program including, but not limited to, a

15  teen-court program, referral for community arbitration, or

16  referral to some other program or agency for the purpose of

17  nonofficial or nonjudicial handling.

18         2.  The presence of medical, psychiatric,

19  psychological, substance abuse, educational problems, or other

20  conditions that may have caused the child to come to the

21  attention of law enforcement or the Department of Juvenile

22  Justice. In cases where such conditions are identified, and a

23  nonjudicial handling of the case is chosen, the juvenile

24  probation officer intake counselor shall attempt to refer the

25  child to a program or agency, together with all available and

26  relevant assessment information concerning the child's

27  precipitating condition.

28         3.  The Department of Juvenile Justice shall develop a

29  case management system whereby a child brought into intake is

30  assigned a juvenile probation officer case manager if the

31  child was not released, referred to a diversionary program,

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  1  referred for community arbitration, or referred to some other

  2  program or agency for the purpose of nonofficial or

  3  nonjudicial handling, and shall make every reasonable effort

  4  to provide continuity of case management for the child;

  5  provided, however, that case management for children committed

  6  to residential programs may be transferred as provided in s.

  7  985.316.

  8         4.  In addition to duties specified in other sections

  9  and through departmental rules, the assigned juvenile

10  probation officer case manager shall be responsible for the

11  following:

12         a.  Ensuring that a risk assessment instrument

13  establishing the child's eligibility for detention has been

14  accurately completed and that the appropriate recommendation

15  was made to the court.

16         b.  Inquiring as to whether the child understands his

17  or her rights to counsel and against self-incrimination.

18         c.  Performing the preliminary screening and making

19  referrals for comprehensive assessment regarding the child's

20  need for substance abuse treatment services, mental health

21  services, retardation services, literacy services, or other

22  educational or treatment services.

23         d.  Coordinating the multidisciplinary assessment when

24  required, which includes the classification and placement

25  process that determines the child's priority needs, risk

26  classification, and treatment plan. When sufficient evidence

27  exists to warrant a comprehensive assessment and the child

28  fails to voluntarily participate in the assessment efforts, it

29  is the responsibility of the juvenile probation officer case

30  manager to inform the court of the need for the assessment and

31  the refusal of the child to participate in such assessment.

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  1  This assessment, classification, and placement process shall

  2  develop into the predisposition report.

  3         e.  Making recommendations for services and

  4  facilitating the delivery of those services to the child,

  5  including any mental health services, educational services,

  6  family counseling services, family assistance services, and

  7  substance abuse services. The juvenile probation officer

  8  delinquency case manager shall serve as the primary case

  9  manager for the purpose of managing, coordinating, and

10  monitoring the services provided to the child. Each program

11  administrator within the Department of Children and Family

12  Services shall cooperate with the primary case manager in

13  carrying out the duties and responsibilities described in this

14  section.

15

16  The Department of Juvenile Justice shall annually advise the

17  Legislature and the Executive Office of the Governor of the

18  resources needed in order for the case management system to

19  maintain a staff-to-client ratio that is consistent with

20  accepted standards and allows the necessary supervision and

21  services for each child. The intake process and case

22  management system shall provide a comprehensive approach to

23  assessing the child's needs, relative risks, and most

24  appropriate handling, and shall be based on an individualized

25  treatment plan.

26         (b)  The intake and case management system shall

27  facilitate consistency in the recommended placement of each

28  child, and in the assessment, classification, and placement

29  process, with the following purposes:

30         1.  An individualized, multidisciplinary assessment

31  process that identifies the priority needs of each individual

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  1  child for rehabilitation and treatment and identifies any

  2  needs of the child's parents or guardians for services that

  3  would enhance their ability to provide adequate support,

  4  guidance, and supervision for the child. This process shall

  5  begin with the detention risk assessment instrument and

  6  decision, shall include the intake preliminary screening and

  7  comprehensive assessment for substance abuse treatment

  8  services, mental health services, retardation services,

  9  literacy services, and other educational and treatment

10  services as components, additional assessment of the child's

11  treatment needs, and classification regarding the child's

12  risks to the community and, for a serious or habitual

13  delinquent child, shall include the assessment for placement

14  in a serious or habitual delinquent children program pursuant

15  to s. 985.31. The completed multidisciplinary assessment

16  process shall result in the predisposition report.

17         2.  A classification system that assigns a relative

18  risk to the child and the community based upon assessments

19  including the detention risk assessment results when available

20  to classify the child's risk as it relates to placement and

21  supervision alternatives.

22         3.  An admissions process that facilitates for each

23  child the utilization of the treatment plan and setting most

24  appropriate to meet the child's programmatic needs and provide

25  the minimum program security needed to ensure public safety.

26         (2)  The intake process shall be performed by the

27  department through a case management system. The purpose of

28  the intake process is to assess the child's needs and risks

29  and to determine the most appropriate treatment plan and

30  setting for the child's programmatic needs and risks.  The

31  intake process shall result in choosing the most appropriate

                                  17

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  1  services through a balancing of the interests and needs of the

  2  child with those of the family and the public. The juvenile

  3  probation officer intake counselor or case manager is

  4  responsible for making informed decisions and recommendations

  5  to other agencies, the state attorney, and the courts so that

  6  the child and family may receive the least intrusive service

  7  alternative throughout the judicial process. The department

  8  shall establish uniform procedures for the juvenile probation

  9  officer intake counselor or case manager to provide, prior to

10  the filing of a petition or as soon as possible thereafter and

11  prior to a disposition hearing, a preliminary screening of the

12  child and family for substance abuse and mental health

13  services.

14         (3)  A report, affidavit, or complaint alleging that a

15  child has committed a delinquent act or violation of law shall

16  be made to the intake office operating in the county in which

17  the child is found or in which the delinquent act or violation

18  of law occurred.  Any person or agency having knowledge of the

19  facts may make such a written report, affidavit, or complaint

20  and shall furnish to the intake office facts sufficient to

21  establish the jurisdiction of the court and to support a

22  finding by the court that the child has committed a delinquent

23  act or violation of law.

24         (4)  The juvenile probation officer intake counselor or

25  case manager shall make a preliminary determination as to

26  whether the report, affidavit, or complaint is complete,

27  consulting with the state attorney as may be necessary. In any

28  case where the juvenile probation officer intake counselor or

29  case manager or the state attorney finds that the report,

30  affidavit, or complaint is insufficient by the standards for a

31  probable cause affidavit, the juvenile probation officer

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  1  intake counselor or case manager or state attorney shall

  2  return the report, affidavit, or complaint, without delay, to

  3  the person or agency originating the report, affidavit, or

  4  complaint or having knowledge of the facts or to the

  5  appropriate law enforcement agency having investigative

  6  jurisdiction of the offense, and shall request, and the person

  7  or agency shall promptly furnish, additional information in

  8  order to comply with the standards for a probable cause

  9  affidavit.

10         (a)  The juvenile probation officer intake counselor or

11  case manager, upon determining that the report, affidavit, or

12  complaint is complete, may, in the case of a child who is

13  alleged to have committed a delinquent act or violation of

14  law, recommend that the state attorney file a petition of

15  delinquency or an information or seek an indictment by the

16  grand jury. However, such a recommendation is not a

17  prerequisite for any action taken by the state attorney.

18         (b)  The juvenile probation officer intake counselor or

19  case manager, upon determining that the report, affidavit, or

20  complaint is complete, pursuant to uniform procedures

21  established by the department, shall:

22         1.  When indicated by the preliminary screening,

23  provide for a comprehensive assessment of the child and family

24  for substance abuse problems, using community-based licensed

25  programs with clinical expertise and experience in the

26  assessment of substance abuse problems.

27         2.  When indicated by the preliminary screening,

28  provide for a comprehensive assessment of the child and family

29  for mental health problems, using community-based

30  psychologists, psychiatrists, or other licensed mental health

31

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  1  professionals with clinical expertise and experience in the

  2  assessment of mental health problems.

  3

  4  When indicated by the comprehensive assessment, the department

  5  is authorized to contract within appropriated funds for

  6  services with a local nonprofit community mental health or

  7  substance abuse agency licensed or authorized under chapter

  8  394, or chapter 397, or other authorized nonprofit social

  9  service agency providing related services. The determination

10  of mental health or substance abuse services shall be

11  conducted in coordination with existing programs providing

12  mental health or substance abuse services in conjunction with

13  the intake office. Client information resulting from the

14  screening and evaluation shall be documented pursuant to rules

15  established by the department and shall serve to assist the

16  juvenile probation officer intake counselor or case manager in

17  providing the most appropriate services and recommendations in

18  the least intrusive manner. Such client information shall be

19  used in the multidisciplinary assessment and classification of

20  the child, but such information, and any information obtained

21  directly or indirectly through the assessment process, is

22  inadmissible in court prior to the disposition hearing, unless

23  the child's written consent is obtained. At the disposition

24  hearing, documented client information shall serve to assist

25  the court in making the most appropriate custody,

26  adjudicatory, and dispositional decision. If the screening and

27  assessment indicate that the interest of the child and the

28  public will be best served thereby, the juvenile probation

29  officer intake counselor or case manager, with the approval of

30  the state attorney, may refer the child for care, diagnostic

31  and evaluation services, substance abuse treatment services,

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  1  mental health services, retardation services, a diversionary

  2  or arbitration or mediation program, community service work,

  3  or other programs or treatment services voluntarily accepted

  4  by the child and the child's parents or legal guardians. The

  5  victim, if any, and the law enforcement agency which

  6  investigated the offense shall be notified immediately by the

  7  state attorney of the action taken under this paragraph.

  8  Whenever a child volunteers to participate in any work program

  9  under this chapter or volunteers to work in a specified state,

10  county, municipal, or community service organization

11  supervised work program or to work for the victim, the child

12  shall be considered an employee of the state for the purposes

13  of liability. In determining the child's average weekly wage,

14  unless otherwise determined by a specific funding program, all

15  remuneration received from the employer is considered a

16  gratuity, and the child is not entitled to any benefits

17  otherwise payable under s. 440.15, regardless of whether the

18  child may be receiving wages and remuneration from other

19  employment with another employer and regardless of the child's

20  future wage-earning capacity.

21         (c)  The juvenile probation officer intake counselor or

22  case manager, upon determining that the report, affidavit, or

23  complaint complies with the standards of a probable cause

24  affidavit and that the interest of the child and the public

25  will be best served, may recommend that a delinquency petition

26  not be filed. If such a recommendation is made, the juvenile

27  probation officer intake counselor or case manager shall

28  advise in writing the person or agency making the report,

29  affidavit, or complaint, the victim, if any, and the law

30  enforcement agency having investigative jurisdiction of the

31  offense of the recommendation and the reasons therefor; and

                                  21

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  1  that the person or agency may submit, within 10 days after the

  2  receipt of such notice, the report, affidavit, or complaint to

  3  the state attorney for special review. The state attorney,

  4  upon receiving a request for special review, shall consider

  5  the facts presented by the report, affidavit, or complaint,

  6  and by the juvenile probation officer intake counselor or case

  7  manager who made the recommendation that no petition be filed,

  8  before making a final decision as to whether a petition or

  9  information should or should not be filed.

10         (d)  In all cases in which the child is alleged to have

11  committed a violation of law or delinquent act and is not

12  detained, the juvenile probation officer intake counselor or

13  case manager shall submit a written report to the state

14  attorney, including the original report, complaint, or

15  affidavit, or a copy thereof, including a copy of the child's

16  prior juvenile record, within 20 days after the date the child

17  is taken into custody. In cases in which the child is in

18  detention, the intake office report must be submitted within

19  24 hours after the child is placed into detention. The intake

20  office report must recommend either that a petition or

21  information be filed or that no petition or information be

22  filed, and must set forth reasons for the recommendation.

23         (e)  The state attorney may in all cases take action

24  independent of the action or lack of action of the juvenile

25  probation officer intake counselor or case manager, and shall

26  determine the action which is in the best interest of the

27  public and the child. If the child meets the criteria

28  requiring prosecution as an adult pursuant to s. 985.226, the

29  state attorney shall request the court to transfer and certify

30  the child for prosecution as an adult or shall provide written

31

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  1  reasons to the court for not making such request. In all other

  2  cases, the state attorney may:

  3         1.  File a petition for dependency;

  4         2.  File a petition pursuant to chapter 984;

  5         3.  File a petition for delinquency;

  6         4.  File a petition for delinquency with a motion to

  7  transfer and certify the child for prosecution as an adult;

  8         5.  File an information pursuant to s. 985.227;

  9         6.  Refer the case to a grand jury;

10         7.  Refer the child to a diversionary, pretrial

11  intervention, arbitration, or mediation program, or to some

12  other treatment or care program if such program commitment is

13  voluntarily accepted by the child or the child's parents or

14  legal guardians; or

15         8.  Decline to file.

16         (f)  In cases in which a delinquency report, affidavit,

17  or complaint is filed by a law enforcement agency and the

18  state attorney determines not to file a petition, the state

19  attorney shall advise the clerk of the circuit court in

20  writing that no petition will be filed thereon.

21         (5)  Prior to requesting that a delinquency petition be

22  filed or prior to filing a dependency petition, the juvenile

23  probation intake officer may request the parent or legal

24  guardian of the child to attend a course of instruction in

25  parenting skills, training in conflict resolution, and the

26  practice of nonviolence; to accept counseling; or to receive

27  other assistance from any agency in the community which

28  notifies the clerk of the court of the availability of its

29  services. Where appropriate, the juvenile probation intake

30  officer shall request both parents or guardians to receive

31  such parental assistance. The juvenile probation intake

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  1  officer may, in determining whether to request that a

  2  delinquency petition be filed, take into consideration the

  3  willingness of the parent or legal guardian to comply with

  4  such request.

  5         Section 8.  Subsections (3) and (4) and paragraph (c)

  6  of subsection (6) of section 985.211, Florida Statutes, are

  7  amended to read:

  8         985.211  Release or delivery from custody.--

  9         (3)  If the child is released, the person taking the

10  child into custody shall make a written report or probable

11  cause affidavit to the appropriate juvenile probation officer

12  intake counselor or case manager within 3 days, stating the

13  facts and the reason for taking the child into custody.  Such

14  written report or probable cause affidavit shall:

15         (a)  Identify the child, the parents, guardian, or

16  legal custodian, and the person to whom the child was

17  released.

18         (b)  Contain sufficient information to establish the

19  jurisdiction of the court and to make a prima facie showing

20  that the child has committed a violation of law or a

21  delinquent act.

22         (4)  A person taking a child into custody who

23  determines, pursuant to s. 985.215, that the child should be

24  detained or released to a shelter designated by the

25  department, shall make a reasonable effort to immediately

26  notify the parent, guardian, or legal custodian of the child

27  and shall, without unreasonable delay, deliver the child to

28  the appropriate juvenile probation officer intake counselor or

29  case manager or, if the court has so ordered pursuant to s.

30  985.215, to a detention center or facility. Upon delivery of

31  the child, the person taking the child into custody shall make

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  1  a written report or probable cause affidavit to the

  2  appropriate juvenile probation officer intake counselor or

  3  case manager. Such written report or probable cause affidavit

  4  must:

  5         (a)  Identify the child and, if known, the parents,

  6  guardian, or legal custodian.

  7         (b)  Establish that the child was legally taken into

  8  custody, with sufficient information to establish the

  9  jurisdiction of the court and to make a prima facie showing

10  that the child has committed a violation of law.

11         (6)

12         (c)  Each letter of recommendation, written notice,

13  report, or other paper required by law pertaining to the case

14  shall bear the uniform case number of the case, and a copy

15  shall be filed with the clerk of the circuit court by the

16  issuing agency.  The issuing agency shall furnish copies to

17  the juvenile probation officer intake counselor or case

18  manager and the state attorney.

19         Section 9.  Subsections (1) and (2) and paragraph (a)

20  of subsection (10) of section 985.215, Florida Statutes, are

21  amended to read:

22         985.215  Detention.--

23         (1)  The juvenile probation officer intake counselor or

24  case manager shall receive custody of a child who has been

25  taken into custody from the law enforcement agency and shall

26  review the facts in the law enforcement report or probable

27  cause affidavit and make such further inquiry as may be

28  necessary to determine whether detention care is required.

29         (a)  During the period of time from the taking of the

30  child into custody to the date of the detention hearing, the

31  initial decision as to the child's placement into secure

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  1  detention care, nonsecure detention care, or home detention

  2  care shall be made by the juvenile probation officer intake

  3  counselor or case manager pursuant to ss. 985.213 and 985.214.

  4         (b)  The juvenile probation officer intake counselor or

  5  case manager shall base the decision whether or not to place

  6  the child into secure detention care, home detention care, or

  7  nonsecure detention care on an assessment of risk in

  8  accordance with the risk assessment instrument and procedures

  9  developed by the Department of Juvenile Justice under s.

10  985.213.

11         (c)  If the juvenile probation officer intake counselor

12  or case manager determines that a child who is eligible for

13  detention based upon the results of the risk assessment

14  instrument should be released, the juvenile probation officer

15  intake counselor or case manager shall contact the state

16  attorney, who may authorize release. If detention is not

17  authorized, the child may be released by the juvenile

18  probation officer intake counselor or case manager in

19  accordance with s. 985.211.

20

21  Under no circumstances shall the juvenile probation officer

22  intake counselor or case manager or the state attorney or law

23  enforcement officer authorize the detention of any child in a

24  jail or other facility intended or used for the detention of

25  adults, without an order of the court.

26         (2)  Subject to the provisions of subsection (1), a

27  child taken into custody and placed into nonsecure or home

28  detention care or detained in secure detention care prior to a

29  detention hearing may continue to be detained by the court if:

30         (a)  The child is alleged to be an escapee or an

31  absconder from a commitment program, a community control

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  1  program, furlough, or aftercare supervision, or is alleged to

  2  have escaped while being lawfully transported to or from such

  3  program or supervision.

  4         (b)  The child is wanted in another jurisdiction for an

  5  offense which, if committed by an adult, would be a felony.

  6         (c)  The child is charged with a delinquent act or

  7  violation of law and requests in writing through legal counsel

  8  to be detained for protection from an imminent physical threat

  9  to his or her personal safety.

10         (d)  The child is charged with committing an offense of

11  domestic violence as defined in s. 741.28(1) and is detained

12  as provided in s. 985.213(2)(b)3.

13         (e)  The child is charged with a capital felony, a life

14  felony, a felony of the first degree, a felony of the second

15  degree that does not involve a violation of chapter 893, or a

16  felony of the third degree that is also a crime of violence,

17  including any such offense involving the use or possession of

18  a firearm.

19         (f)  The child is charged with any second degree or

20  third degree felony involving a violation of chapter 893 or

21  any third degree felony that is not also a crime of violence,

22  and the child:

23         1.  Has a record of failure to appear at court hearings

24  after being properly notified in accordance with the Rules of

25  Juvenile Procedure;

26         2.  Has a record of law violations prior to court

27  hearings;

28         3.  Has already been detained or has been released and

29  is awaiting final disposition of the case;

30         4.  Has a record of violent conduct resulting in

31  physical injury to others; or

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  1         5.  Is found to have been in possession of a firearm.

  2         (g)  The child is alleged to have violated the

  3  conditions of the child's community control or aftercare

  4  supervision. However, a child detained under this paragraph

  5  may be held only in a consequence unit as provided in s.

  6  985.231(1)(a)1.c. If a consequence unit is not available, the

  7  child shall be placed on home detention with electronic

  8  monitoring.

  9

10  A child who meets any of these criteria and who is ordered to

11  be detained pursuant to this subsection shall be given a

12  hearing within 24 hours after being taken into custody. The

13  purpose of the detention hearing is to determine the existence

14  of probable cause that the child has committed the delinquent

15  act or violation of law with which he or she is charged and

16  the need for continued detention. Unless a child is detained

17  under paragraph (d), the court shall utilize the results of

18  the risk assessment performed by the juvenile probation

19  officer intake counselor or case manager and, based on the

20  criteria in this subsection, shall determine the need for

21  continued detention. A child placed into secure, nonsecure, or

22  home detention care may continue to be so detained by the

23  court pursuant to this subsection. If the court orders a

24  placement more restrictive than indicated by the results of

25  the risk assessment instrument, the court shall state, in

26  writing, clear and convincing reasons for such placement.

27  Except as provided in s. 790.22(8) or in subparagraph

28  (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph

29  (10)(d), when a child is placed into secure or nonsecure

30  detention care, or into a respite home or other placement

31  pursuant to a court order following a hearing, the court order

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  1  must include specific instructions that direct the release of

  2  the child from such placement no later than 5 p.m. on the last

  3  day of the detention period specified in paragraph (5)(b) or

  4  paragraph (5)(c), or subparagraph (10)(a)1., whichever is

  5  applicable, unless the requirements of such applicable

  6  provision have been met or an order of continuance has been

  7  granted pursuant to paragraph (5)(d).

  8         (10)(a)1.  When a child is committed to the Department

  9  of Juvenile Justice awaiting dispositional placement, removal

10  of the child from detention care shall occur within 5 days,

11  excluding Saturdays, Sundays, and legal holidays. If the child

12  is committed to a low-risk residential program or a

13  moderate-risk residential program, the department may seek an

14  order from the court authorizing continued detention for a

15  specific period of time necessary for the appropriate

16  residential placement of the child. However, such continued

17  detention in secure detention care may not exceed 15 days

18  after commitment, excluding Saturdays, Sundays, and legal

19  holidays, and except as otherwise provided in this subsection.

20  A child may not be held in secure detention during the 5-day

21  period while awaiting placement unless the child meets the

22  criteria for detention prescribed in this section.

23         2.  The court must place all children who are

24  adjudicated and awaiting placement in a residential commitment

25  program in detention care. Children who are in home detention

26  care or nonsecure detention care may be placed on electronic

27  monitoring.  A child committed to a moderate-risk residential

28  program may be held in a juvenile assignment center pursuant

29  to s. 985.307 until placement or commitment is accomplished.

30         Section 10.  Subsection (2) of section 985.216, Florida

31  Statutes, is amended to read:

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  1         985.216  Punishment for contempt of court; alternative

  2  sanctions.--

  3         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

  4  placed in a secure facility for purposes of punishment for

  5  contempt of court if alternative sanctions are unavailable or

  6  inappropriate, or if the child has already been ordered to

  7  serve an alternative sanction but failed to comply with the

  8  sanction.

  9         (a)  A delinquent child who has been held in direct or

10  indirect contempt may be placed in a secure detention facility

11  for 5 days for a first offense or 15 days for a second or

12  subsequent offense, or in a secure residential commitment

13  facility.

14         (b)  A child in need of services who has been held in

15  direct contempt or indirect contempt may be placed, for 5 days

16  for a first offense or 15 days for a second or subsequent

17  offense, in a staff-secure shelter or a staff-secure

18  residential facility solely for children in need of services

19  if such placement is available, or, if such placement is not

20  available, the child may be placed in an appropriate mental

21  health facility or substance abuse facility for assessment. In

22  addition to disposition under this paragraph, a child in need

23  of services who is held in direct contempt or indirect

24  contempt may be placed in a physically secure facility as

25  provided under s. 984.226 if conditions of eligibility are

26  met.

27         Section 11.  Paragraph (a) of subsection (3) of section

28  985.226, Florida Statutes, is amended to read:

29         985.226  Criteria for waiver of juvenile court

30  jurisdiction; hearing on motion to transfer for prosecution as

31  an adult.--

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  1         (3)  WAIVER HEARING.--

  2         (a)  Within 7 days, excluding Saturdays, Sundays, and

  3  legal holidays, after the date a petition alleging that a

  4  child has committed a delinquent act or violation of law has

  5  been filed, or later with the approval of the court, but

  6  before an adjudicatory hearing and after considering the

  7  recommendation of the juvenile probation officer intake

  8  counselor or case manager, the state attorney may file a

  9  motion requesting the court to transfer the child for criminal

10  prosecution.

11         Section 12.  Paragraph (b) of subsection (3) of section

12  985.23, Florida Statutes, is amended to read:

13         985.23  Disposition hearings in delinquency

14  cases.--When a child has been found to have committed a

15  delinquent act, the following procedures shall be applicable

16  to the disposition of the case:

17         (3)

18         (b)  If the court determines that commitment to the

19  department is appropriate, the juvenile probation officer

20  intake counselor or case manager shall recommend to the court

21  the most appropriate placement and treatment plan,

22  specifically identifying the restrictiveness level most

23  appropriate for the child.  If the court has determined that

24  the child was a member of a criminal street gang, that

25  determination shall be given great weight in identifying the

26  most appropriate restrictiveness level for the child.  The

27  court shall consider the department's recommendation in making

28  its commitment decision.

29         Section 13.  Paragraph (a) of subsection (1) of section

30  985.231, Florida Statutes, is amended to read:

31         985.231  Powers of disposition in delinquency cases.--

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  1         (1)(a)  The court that has jurisdiction of an

  2  adjudicated delinquent child may, by an order stating the

  3  facts upon which a determination of a sanction and

  4  rehabilitative program was made at the disposition hearing:

  5         1.  Place the child in a community control program or

  6  an aftercare program under the supervision of an authorized

  7  agent of the Department of Juvenile Justice or of any other

  8  person or agency specifically authorized and appointed by the

  9  court, whether in the child's own home, in the home of a

10  relative of the child, or in some other suitable place under

11  such reasonable conditions as the court may direct. A

12  community control program for an adjudicated delinquent child

13  must include a penalty component such as restitution in money

14  or in kind, community service, a curfew, revocation or

15  suspension of the driver's license of the child, or other

16  nonresidential punishment appropriate to the offense and must

17  also include a rehabilitative program component such as a

18  requirement of participation in substance abuse treatment or

19  in school or other educational program.

20         a.  A restrictiveness level classification scale for

21  levels of supervision shall be provided by the department,

22  taking into account the child's needs and risks relative to

23  community control supervision requirements to reasonably

24  ensure the public safety. Community control programs for

25  children shall be supervised by the department or by any other

26  person or agency specifically authorized by the court. These

27  programs must include, but are not limited to, structured or

28  restricted activities as described in this subparagraph, and

29  shall be designed to encourage the child toward acceptable and

30  functional social behavior. If supervision or a program of

31  community service is ordered by the court, the duration of

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  1  such supervision or program must be consistent with any

  2  treatment and rehabilitation needs identified for the child

  3  and may not exceed the term for which sentence could be

  4  imposed if the child were committed for the offense, except

  5  that the duration of such supervision or program for an

  6  offense that is a misdemeanor of the second degree, or is

  7  equivalent to a misdemeanor of the second degree, may be for a

  8  period not to exceed 6 months. When restitution is ordered by

  9  the court, the amount of restitution may not exceed an amount

10  the child and the parent or guardian could reasonably be

11  expected to pay or make. A child who participates in any work

12  program under this part is considered an employee of the state

13  for purposes of liability, unless otherwise provided by law.

14         b.  The court may conduct judicial review hearings for

15  a child placed on community control for the purpose of

16  fostering accountability to the judge and compliance with

17  other requirements, such as restitution and community service.

18  The court may allow early termination of community control for

19  a child who has substantially complied with the terms and

20  conditions of community control.

21         c.  If the conditions of the community control program

22  or the aftercare program are violated, the agent supervising

23  the program as it relates to the child involved, or the state

24  attorney, may bring the child before the court on a petition

25  alleging a violation of the program. Any child who violates

26  the conditions of community control or aftercare must be

27  brought before the court if sanctions are sought. A child

28  taken into custody under s. 985.207 s. 39.037 for violating

29  the conditions of community control or aftercare shall be held

30  in a consequence unit if such a unit is available. The child

31  shall be afforded a hearing within 24 hours after being taken

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  1  into custody to determine the existence of probable cause that

  2  the child violated the conditions of community control or

  3  aftercare. A consequence unit is a secure facility

  4  specifically designated by the department for children who are

  5  taken into custody under s. 985.207 for violating community

  6  control or aftercare, or who have been found by the court to

  7  have violated the conditions of community control or

  8  aftercare. If the violation involves a new charge of

  9  delinquency, the child may be detained under s. 985.215 in a

10  facility other than a consequence unit. If the child is not

11  eligible for detention for the new charge of delinquency, the

12  child may be held in the consequence unit pending a hearing

13  and is subject to the time limitations specified in s.

14  985.215. If the child denies violating the conditions of

15  community control or aftercare, the court shall appoint

16  counsel to represent the child at the child's request. Upon

17  the child's admission, or if the court finds after a hearing

18  that the child has violated the conditions of community

19  control or aftercare, the court shall enter an order revoking,

20  modifying, or continuing community control or aftercare. In

21  each such case, the court shall enter a new disposition order

22  and, in addition to the sanctions set forth in this paragraph,

23  may impose any sanction the court could have imposed at the

24  original disposition hearing. If the child is found to have

25  violated the conditions of community control or aftercare, the

26  court may:

27         (I)  Place the child in a consequence unit in that

28  judicial circuit, if available, for up to 5 days for a first

29  violation, and up to 15 days for a second or subsequent

30  violation.

31

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  1         (II)  Place the child on home detention with electronic

  2  monitoring. However, this sanction may be used only if a

  3  residential consequence unit is not available.

  4         (III)  Modify or continue the child's community control

  5  program or aftercare program.

  6         (IV)  Revoke community control or aftercare and commit

  7  the child to the department.

  8         d.  Notwithstanding s. 743.07 and paragraph (d), and

  9  except as provided in s. 985.31, the term of any order placing

10  a child in a community control program must be until the

11  child's 19th birthday unless he or she is released by the

12  court, on the motion of an interested party or on its own

13  motion.

14         2.  Commit the child to a licensed child-caring agency

15  willing to receive the child, but the court may not commit the

16  child to a jail or to a facility used primarily as a detention

17  center or facility or shelter.

18         3.  Commit the child to the Department of Juvenile

19  Justice at a restrictiveness level defined in s. 985.03(45).

20  Such commitment must be for the purpose of exercising active

21  control over the child, including, but not limited to,

22  custody, care, training, urine monitoring, and treatment of

23  the child and furlough of the child into the community.

24  Notwithstanding s. 743.07 and paragraph (d), and except as

25  provided in s. 985.31, the term of the commitment must be

26  until the child is discharged by the department or until he or

27  she reaches the age of 21.

28         4.  Revoke or suspend the driver's license of the

29  child.

30         5.  Require the child and, if the court finds it

31  appropriate, the child's parent or guardian together with the

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  1  child, to render community service in a public service

  2  program.

  3         6.  As part of the community control program to be

  4  implemented by the Department of Juvenile Justice, or, in the

  5  case of a committed child, as part of the community-based

  6  sanctions ordered by the court at the disposition hearing or

  7  before the child's release from commitment, order the child to

  8  make restitution in money, through a promissory note cosigned

  9  by the child's parent or guardian, or in kind for any damage

10  or loss caused by the child's offense in a reasonable amount

11  or manner to be determined by the court. The clerk of the

12  circuit court shall be the receiving and dispensing agent. In

13  such case, the court shall order the child or the child's

14  parent or guardian to pay to the office of the clerk of the

15  circuit court an amount not to exceed the actual cost incurred

16  by the clerk as a result of receiving and dispensing

17  restitution payments. The clerk shall notify the court if

18  restitution is not made, and the court shall take any further

19  action that is necessary against the child or the child's

20  parent or guardian. A finding by the court, after a hearing,

21  that the parent or guardian has made diligent and good faith

22  efforts to prevent the child from engaging in delinquent acts

23  absolves the parent or guardian of liability for restitution

24  under this subparagraph.

25         7.  Order the child and, if the court finds it

26  appropriate, the child's parent or guardian together with the

27  child, to participate in a community work project, either as

28  an alternative to monetary restitution or as part of the

29  rehabilitative or community control program.

30         8.  Commit the child to the Department of Juvenile

31  Justice for placement in a program or facility for serious or

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  1  habitual juvenile offenders in accordance with s. 985.31. Any

  2  commitment of a child to a program or facility for serious or

  3  habitual juvenile offenders must be for an indeterminate

  4  period of time, but the time may not exceed the maximum term

  5  of imprisonment that an adult may serve for the same offense.

  6  The court may retain jurisdiction over such child until the

  7  child reaches the age of 21, specifically for the purpose of

  8  the child completing the program.

  9         9.  In addition to the sanctions imposed on the child,

10  order the parent or guardian of the child to perform community

11  service if the court finds that the parent or guardian did not

12  make a diligent and good faith effort to prevent the child

13  from engaging in delinquent acts. The court may also order the

14  parent or guardian to make restitution in money or in kind for

15  any damage or loss caused by the child's offense. The court

16  shall determine a reasonable amount or manner of restitution,

17  and payment shall be made to the clerk of the circuit court as

18  provided in subparagraph 6.

19         10.  Subject to specific appropriation, commit the

20  juvenile sexual offender to the Department of Juvenile Justice

21  for placement in a program or facility for juvenile sexual

22  offenders in accordance with s. 985.308.  Any commitment of a

23  juvenile sexual offender to a program or facility for juvenile

24  sexual offenders must be for an indeterminate period of time,

25  but the time may not exceed the maximum term of imprisonment

26  that an adult may serve for the same offense.  The court may

27  retain jurisdiction over a juvenile sexual offender until the

28  juvenile sexual offender reaches the age of 21, specifically

29  for the purpose of completing the program.

30         Section 14.  Subsection (4) of section 985.301, Florida

31  Statutes, is amended to read:

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  1         985.301  Civil citation.--

  2         (4)  If the juvenile fails to report timely for a work

  3  assignment, complete a work assignment, or comply with

  4  assigned intervention services within the prescribed time, or

  5  if the juvenile commits a third or subsequent misdemeanor, the

  6  law enforcement officer shall issue a report alleging the

  7  child has committed a delinquent act, at which point the

  8  juvenile probation officer an intake counselor or case manager

  9  shall perform a preliminary determination as provided under s.

10  985.21(4).

11         Section 15.  Subsection (4), paragraph (e) of

12  subsection (5), and paragraphs (a) and (d) of subsection (6)

13  of section 985.304, Florida Statutes, are amended to read:

14         985.304  Community arbitration.--

15         (4)  PROCEDURE FOR INITIATING CASES FOR COMMUNITY

16  ARBITRATION.--

17         (a)  Any law enforcement officer may issue a complaint,

18  along with a recommendation for community arbitration, against

19  any child who such officer has reason to believe has committed

20  any offense that is eligible for community arbitration. The

21  complaint shall specify the offense and the reasons why the

22  law enforcement officer feels that the offense should be

23  handled by community arbitration. Any juvenile probation

24  officer intake counselor or case manager or, at the request of

25  the child's parent or legal custodian or guardian, the state

26  attorney or the court having jurisdiction, with the

27  concurrence of the state attorney, may refer a complaint to be

28  handled by community arbitration when appropriate. A copy of

29  the complaint shall be forwarded to the appropriate juvenile

30  probation officer intake counselor or case manager and the

31  parent or legal custodian or guardian of the child within 48

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  1  hours after issuance of the complaint. In addition to the

  2  complaint, the child and the parent or legal custodian or

  3  guardian shall be informed of the objectives of the community

  4  arbitration process; the conditions, procedures, and

  5  timeframes under which it will be conducted; and the fact that

  6  it is not obligatory. The juvenile probation officer intake

  7  counselor shall contact the child and the parent or legal

  8  custodian or guardian within 2 days after the date on which

  9  the complaint was received. At this time, the child or the

10  parent or legal custodian or guardian shall inform the

11  juvenile probation officer intake counselor of the decision to

12  approve or reject the handling of the complaint through

13  community arbitration.

14         (b)  The juvenile probation officer intake counselor

15  shall verify accurate identification of the child and

16  determine whether or not the child has any prior adjudications

17  or adjudications withheld for an offense eligible for

18  community arbitration for consideration in the point value

19  structure.  If the child has at least one prior adjudication

20  or adjudication withheld for an offense that which is not

21  eligible for community arbitration, or if the child has

22  already surpassed the accepted level of points on prior

23  community arbitration resolutions, the juvenile probation

24  officer intake counselor or case manager shall consult with

25  the state attorney regarding the filing of formal juvenile

26  proceedings.

27         (c)  If the child or the parent or legal custodian or

28  guardian rejects the handling of the complaint through

29  community arbitration, the juvenile probation officer intake

30  counselor shall consult with the state attorney for the filing

31  of formal juvenile proceedings.

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  1         (d)  If the child or the parent or legal custodian or

  2  guardian accepts the handling of the complaint through

  3  community arbitration, the  juvenile probation officer intake

  4  counselor shall provide copies of the complaint to the

  5  arbitrator or panel within 24 hours.

  6         (e)  The community arbitrator or community arbitration

  7  panel shall, upon receipt of the complaint, set a time and

  8  date for a hearing within 7 days and shall inform the child's

  9  parent or legal custodian or guardian, the complaining

10  witness, and any victims of the time, date, and place of the

11  hearing.

12         (5)  HEARINGS.--

13         (e)  If a child fails to appear on the original hearing

14  date, the matter shall be referred back to the juvenile

15  probation officer, intake counselor who shall consult with the

16  state attorney regarding the filing of formal juvenile

17  proceedings.

18         (6)  DISPOSITION OF CASES.--

19         (a)  Subsequent to any hearing held as provided in

20  subsection (5), the community arbitrator or community

21  arbitration panel may:

22         1.  Recommend that the state attorney decline to

23  prosecute the child.

24         2.  Issue a warning to the child or the child's family

25  and recommend that the state attorney decline to prosecute the

26  child.

27         3.  Refer the child for placement in a community-based

28  nonresidential program.

29         4.  Refer the child or the family to community

30  counseling.

31

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  1         5.  Refer the child to a safety and education program

  2  related to delinquent children.

  3         6.  Refer the child to a work program related to

  4  delinquent children and require up to 100 hours of work by the

  5  child.

  6         7.  Refer the child to a nonprofit organization for

  7  volunteer work in the community and require up to 100 hours of

  8  work by the child.

  9         8.  Order restitution in money or in kind in a case

10  involving property damage; however, the amount of restitution

11  shall not exceed the amount of actual damage to property.

12         9.  Continue the case for further investigation.

13         10.  Require the child to undergo urinalysis

14  monitoring.

15         11.  Impose any other restrictions or sanctions that

16  are designed to encourage responsible and acceptable behavior

17  and are agreed upon by the participants of the community

18  arbitration proceedings.

19

20  The community arbitrator or community arbitration panel shall

21  determine an appropriate timeframe in which the disposition

22  must be completed. The community arbitrator or community

23  arbitration panel shall report the disposition of the case to

24  the juvenile probation officer intake counselor or case

25  manager.

26         (d)  If a child consents to an informal resolution and,

27  in the presence of the parent or legal custodian or guardian

28  and the community arbitrator or community arbitration panel,

29  agrees to comply with any disposition suggested or ordered by

30  such arbitrator or panel and subsequently fails to abide by

31  the terms of such agreement, the community arbitrator or

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  1  community arbitration panel may, after a careful review of the

  2  circumstances, forward the case back to the juvenile probation

  3  officer intake counselor, who shall consult with the state

  4  attorney regarding the filing of formal juvenile proceedings.

  5         Section 16.  Effective upon this act becoming a law,

  6  section 985.307, Florida Statutes, is amended to read:

  7         985.307  Juvenile assignment centers.--

  8         (1)  Contingent upon specific appropriation, the

  9  department shall establish juvenile assignment centers for

10  committed youth who have been ordered by the court for

11  placement in moderate-risk, high-risk, or maximum-risk

12  commitment programs. Juvenile assignment centers shall be

13  residential facilities serving committed youth awaiting

14  placement in a residential commitment program.

15         (2)  The purpose of juvenile assignment centers shall

16  be:

17         (a)  To ensure public safety by providing a secure

18  residential facility to hold and process juveniles awaiting

19  placement in commitment programs rather than releasing them to

20  their homes and back into the community.

21         (b)  To review assessments completed at local juvenile

22  assessment centers and avoid duplication of assessment

23  efforts. Assessments should include medical, academic,

24  psychological, behavioral, sociological, substance abuse and

25  mental health, and vocational testing.

26         (c)  To determine appropriate treatment needs,

27  programming, and placement decisions, and, when appropriate,

28  to develop a treatment plan for each juvenile.

29         (d)  To examine a juvenile's need for aftercare and

30  independent living upon release from a commitment program and,

31  when appropriate, include this in the treatment plan.

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  1         (3)  Juveniles committed to the department shall be

  2  placed in an assignment center following the dispositional

  3  hearing and shall be transferred to the designated residential

  4  commitment program upon the availability of placement.

  5         (4)  Juvenile assignment centers shall be physically

  6  secure residential facilities located in each department

  7  region to serve youth in that region who are awaiting

  8  placement in commitment programs.

  9         (5)  For each juvenile admitted into an assignment

10  center, the following shall be conducted:

11         (a)  Review all assessments, diagnostic testing, and

12  screening instruments performed on the juvenile while at an

13  assessment center, in detention, during intake, or in a

14  program or while in school; and also review the juvenile's

15  school records from the school in which the juvenile is

16  enrolled.

17         (b)  Determine the need for, and provide or contract

18  for, additional evaluation, including, but not limited to:

19  needs assessment, substance abuse screening, physical and

20  mental health screening, behavioral screening, educational

21  assessment, aptitude testing, diagnostic testing,

22  psychological evaluation, and vocational testing.

23         (c)  Based upon the restrictiveness level ordered by

24  the court and evaluation required in paragraph (b), the

25  department program staff shall make an assignment to a

26  specific commitment program.  Program placements shall also

27  take into consideration the geographic location of the

28  juvenile's family in order to facilitate family visits and

29  participation.

30         (d)  Pending a juvenile's placement in a commitment

31  program:

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  1         1.  Initiate appropriate treatment plans, educational

  2  plans, performance agreements, and transitional planning based

  3  upon the court order and assessments.

  4         2.  Provide or contract for the provision of short-term

  5  services, including educational programming, vocational

  6  training, mental health services, substance abuse education,

  7  conflict resolution training, and impulse control and anger

  8  management training.  If warranted by a substance abuse

  9  screening or a mental or physical health screening performed

10  while the juvenile is in the assignment center, a juvenile may

11  receive treatment while in the assignment center, including,

12  but not limited to, substance abuse, mental health, or

13  physical health treatment.

14         (e)  To the extent possible, involve the juvenile's

15  parents or guardian and family in the evaluation process and

16  in the provision of services.  Staff shall make efforts to

17  contact the parents or guardian and encourage their

18  involvement.

19         (f)  Ensure that all commitment information is complete

20  and ready for transmittal to the commitment program.  This

21  shall include a comprehensive treatment plan that reflects the

22  information gathered through the assessment process and

23  includes planning for aftercare and independent living, if

24  needed.

25         (6)  Notwithstanding any provision to the contrary,

26  this section expires July 1, 2002 1998, unless reenacted by

27  the Legislature. The department may not create or operate a

28  juvenile assignment center after July 1, 2002 1998, without

29  further legislative authority. Unless reenacted by the

30  Legislature, any juvenile assignment center created under this

31  section shall be converted to a high-level or maximum-level

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  1  residential commitment program, subject to availability of

  2  funds.

  3         Section 17.  Paragraphs (f) and (h) of subsection (3)

  4  of section 985.31, Florida Statutes, are amended to read:

  5         985.31  Serious or habitual juvenile offender.--

  6         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  7  TREATMENT.--

  8         (f)  After a child has been transferred for criminal

  9  prosecution, a circuit court judge may direct the juvenile

10  probation officer an intake counselor or case manager to

11  consult with designated staff from an appropriate serious or

12  habitual juvenile offender program for the purpose of making

13  recommendations to the court regarding the child's placement

14  in such program.

15         (h)  Based on the recommendations of the

16  multidisciplinary assessment, the juvenile probation officer

17  intake counselor or case manager shall make the following

18  recommendations to the court:

19         1.  For each child who has not been transferred for

20  criminal prosecution, the juvenile probation officer intake

21  counselor or case manager shall recommend whether placement in

22  such program is appropriate and needed.

23         2.  For each child who has been transferred for

24  criminal prosecution, the juvenile probation officer intake

25  counselor or case manager shall recommend whether the most

26  appropriate placement for the child is a juvenile justice

27  system program, including a serious or habitual juvenile

28  offender program or facility, or placement in the adult

29  correctional system.

30

31

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  1  If treatment provided by a serious or habitual juvenile

  2  offender program or facility is determined to be appropriate

  3  and needed and placement is available, the juvenile probation

  4  officer intake counselor or case manager and the court shall

  5  identify the appropriate serious or habitual juvenile offender

  6  program or facility best suited to the needs of the child.

  7         Section 18.  Paragraphs (f) and (h) of subsection (3)

  8  of section 985.311, Florida Statutes, are amended to read:

  9         985.311  Intensive residential treatment program for

10  offenders less than 13 years of age.--

11         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

12  TREATMENT.--

13         (f)  After a child has been transferred for criminal

14  prosecution, a circuit court judge may direct the juvenile

15  probation officer an intake counselor or case manager to

16  consult with designated staff from an appropriate intensive

17  residential treatment program for offenders less than 13 years

18  of age for the purpose of making recommendations to the court

19  regarding the child's placement in such program.

20         (h)  Based on the recommendations of the

21  multidisciplinary assessment, the juvenile probation officer

22  intake counselor or case manager shall make the following

23  recommendations to the court:

24         1.  For each child who has not been transferred for

25  criminal prosecution, the juvenile probation officer intake

26  counselor or case manager shall recommend whether placement in

27  such program is appropriate and needed.

28         2.  For each child who has been transferred for

29  criminal prosecution, the juvenile probation officer intake

30  counselor or case manager shall recommend whether the most

31  appropriate placement for the child is a juvenile justice

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  1  system program, including a child who is eligible for an

  2  intensive residential treatment program for offenders less

  3  than 13 years of age, or placement in the adult correctional

  4  system.

  5

  6  If treatment provided by an intensive residential treatment

  7  program for offenders less than 13 years of age is determined

  8  to be appropriate and needed and placement is available, the

  9  juvenile probation officer intake counselor or case manager

10  and the court shall identify the appropriate intensive

11  residential treatment program for offenders less than 13 years

12  of age best suited to the needs of the child.

13         Section 19.  Section 944.401, Florida Statutes, is

14  transferred, renumbered as section 985.3141, Florida Statutes,

15  and amended to read:

16         985.3141 944.401  Escapes from secure detention or

17  residential commitment facility.--An escape from:

18         (1)  Any secure detention facility maintained for the

19  temporary detention of children, pending adjudication,

20  disposition, or placement; an escape from

21         (2)  Any residential commitment facility defined in s.

22  985.03(45) s. 39.01(59), maintained for the custody,

23  treatment, punishment, or rehabilitation of children found to

24  have committed delinquent acts or violations of law; or an

25  escape from

26         (3)  Lawful transportation to or from any such secure

27  detention facility or residential commitment facility, thereto

28  or therefrom

29

30

31

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  1  constitutes escape within the intent and meaning of s. 944.40

  2  and is a felony of the third degree, punishable as provided in

  3  s. 775.082, s. 775.083, or s. 775.084.

  4         Section 20.  Paragraph (a) of subsection (2) of section

  5  985.406, Florida Statutes, is amended to read:

  6         985.406  Juvenile justice training academies

  7  established; Juvenile Justice Standards and Training

  8  Commission created; Juvenile Justice Training Trust Fund

  9  created.--

10         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING

11  COMMISSION.--

12         (a)  There is created under the Department of Juvenile

13  Justice the Juvenile Justice Standards and Training

14  Commission, hereinafter referred to as the commission. The

15  17-member commission shall consist of the Attorney General or

16  designee, the Commissioner of Education or designee, a member

17  of the juvenile court judiciary to be appointed by the Chief

18  Justice of the Supreme Court, and 14 members to be appointed

19  by the Secretary of Juvenile Justice as follows:

20         1.  Seven members shall be juvenile justice

21  professionals:  a superintendent or a direct care staff member

22  from an institution; a director from a contracted

23  community-based program; a superintendent and a direct care

24  staff member from a regional detention center or facility; a

25  juvenile probation officer or a supervisor of juvenile

26  probation officers community control counselor; and a director

27  of a day treatment or aftercare program. No fewer than three

28  of these members shall be contract providers.

29         2.  Two members shall be representatives of local law

30  enforcement agencies.

31

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  1         3.  One member shall be an educator from the state's

  2  university and community college program of criminology,

  3  criminal justice administration, social work, psychology,

  4  sociology, or other field of study pertinent to the training

  5  of juvenile justice program staff.

  6         4.  One member shall be a member of the public.

  7         5.  One member shall be a state attorney, or assistant

  8  state attorney, who has juvenile court experience.

  9         6.  One member shall be a public defender, or assistant

10  public defender, who has juvenile court experience.

11         7.  One member shall be a representative of the

12  business community.

13

14  All appointed members shall be appointed to serve terms of 2

15  years.

16         Section 21.  Subsection (1) of section 985.412, Florida

17  Statutes, is amended to read:

18         985.412  Quality assurance.--

19         (1)(a)  It is the intent of the Legislature to:

20         1.  Ensure that information be provided to

21  decisionmakers so that resources are allocated to programs of

22  the department which achieve desired performance levels.

23         2.  Provide information about the cost of such programs

24  and their differential effectiveness so that the quality of

25  such programs can be compared and improvements made

26  continually.

27         3.  Provide information to aid in developing related

28  policy issues and concerns.

29         4.  Provide information to the public about the

30  effectiveness of such programs in meeting established goals

31  and objectives.

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  1         5.  Provide a basis for a system of accountability so

  2  that each client is afforded the best programs to meet his or

  3  her needs.

  4         6.  Improve service delivery to clients.

  5         7.  Modify or eliminate activities that are not

  6  effective.

  7         (b)  As used in this subsection, the term:

  8         1.  "Client" means any person who is being provided

  9  treatment or services by the department or by a provider under

10  contract with the department.

11         2.  "Program component" means an aggregation of

12  generally related objectives which, because of their special

13  character, related workload, and interrelated output, can

14  logically be considered an entity for purposes of

15  organization, management, accounting, reporting, and

16  budgeting.

17         3.  "Program effectiveness" means the ability of the

18  program to achieve desired client outcomes, goals, and

19  objectives.

20         (c)  The department shall:

21         1.  Establish a comprehensive quality assurance system

22  for each program operated by the department or operated by a

23  provider under contract with the department. Each contract

24  entered into by the department must provide for quality

25  assurance.

26         2.  Provide operational definitions of and criteria for

27  quality assurance for each specific program component.

28         3.  Establish quality assurance goals and objectives

29  for each specific program component.

30         4.  Establish the information and specific data

31  elements required for the quality assurance program.

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  1         5.  Develop a quality assurance manual of specific,

  2  standardized terminology and procedures to be followed by each

  3  program.

  4         6.  Evaluate each program operated by a provider under

  5  a contract with the department and establish minimum

  6  thresholds for each program component. If a provider fails to

  7  meet the established minimum thresholds, such failure shall

  8  cause the department to cancel the provider's contract unless

  9  the provider achieves compliance with minimum thresholds

10  within 6 months or unless there are documented extenuating

11  circumstances. In addition, the department may not contract

12  with the same provider for the canceled service for a period

13  of 12 months.

14

15  The department shall submit an annual report to the President

16  of the Senate, the Speaker of the House of Representatives,

17  the Minority Leader of each house of the Legislature, the

18  appropriate substantive and fiscal committees of each house of

19  the Legislature, and the Governor, no later than February 1 of

20  each year. The annual report must contain, at a minimum, for

21  each specific program component:  a comprehensive description

22  of the population served by the program; a specific

23  description of the services provided by the program; cost; a

24  comparison of expenditures to federal and state funding;

25  immediate and long-range concerns; and recommendations to

26  maintain, expand, improve, modify, or eliminate each program

27  component so that changes in services lead to enhancement in

28  program quality. The department's inspector general shall

29  ensure the reliability and validity of the information

30  contained in the report.

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  1         Section 22.  Paragraph (b) of subsection (3) of section

  2  985.413, Florida Statutes, is amended to read:

  3         985.413  District juvenile justice boards.--

  4         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

  5         (b)1.

  6         a.  The authority to appoint members to district

  7  juvenile justice boards, and the size of each board, is as

  8  follows:

  9         (I)  District 1 is to have a board composed of 12

10  members, to be appointed by the juvenile justice councils of

11  the respective counties, as follows: Escambia County, 6

12  members; Okaloosa County, 3 members; Santa Rosa County, 2

13  members; and Walton County, 1 member.

14         (II)  District 2 is to have a board composed of 18

15  members, to be appointed by the juvenile justice councils in

16  the respective counties, as follows: Holmes County, 1 member;

17  Washington County, 1 member; Bay County, 2 members; Jackson

18  County, 1 member; Calhoun County, 1 member; Gulf County, 1

19  member; Gadsden County, 1 member; Franklin County, 1 member;

20  Liberty County, 1 member; Leon County, 4 members; Wakulla

21  County, 1 member; Jefferson County, 1 member; Madison County,

22  1 member; and Taylor County, 1 member.

23         (III)  District 3 is to have a board composed of 15

24  members, to be appointed by the juvenile justice councils of

25  the respective counties, as follows: Hamilton County, 1

26  member; Suwannee County, 1 member; Lafayette County, 1 member;

27  Dixie County, 1 member; Columbia County, 1 member; Gilchrist

28  County, 1 member; Levy County, 1 member; Union County, 1

29  member; Bradford County, 1 member; Putnam County, 1 member;

30  and Alachua County, 5 members.

31

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  1         (IV)  District 4 is to have a board composed of 12

  2  members, to be appointed by the juvenile justice councils of

  3  the respective counties, as follows: Baker County, 1 member;

  4  Nassau County, 1 member; Duval County, 7 members; Clay County,

  5  2 members; and St. Johns County, 1 member.

  6         (V)  District 5 is to have a board composed of 12

  7  members, to be appointed by the juvenile justice councils of

  8  the respective counties, as follows: Pasco County, 3 members;

  9  and Pinellas County, 9 members.

10         (VI)  District 6 is to have a board composed of 12

11  members, to be appointed by the juvenile justice councils of

12  the respective counties, as follows: Hillsborough County, 9

13  members; and Manatee County, 3 members.

14         (VII)  District 7 is to have a board composed of 12

15  members, to be appointed by the juvenile justice councils of

16  the respective counties, as follows: Seminole County, 3

17  members; Orange County, 5 members; Osceola County, 1 member;

18  and Brevard County, 3 members.

19         (VIII)  District 8 is to have a board composed of 12

20  members, to be appointed by the juvenile justice councils of

21  the respective counties, as follows: Sarasota County, 3

22  members; DeSoto County, 1 member; Charlotte County, 1 member;

23  Lee County, 3 members; Glades County, 1 member; Hendry County,

24  1 member; and Collier County, 2 members.

25         (IX)  District 9 is to have a board composed of 12

26  members, to be appointed by the juvenile justice council of

27  Palm Beach County.

28         (X)  District 10 is to have a board composed of 12

29  members, to be appointed by the juvenile justice council of

30  Broward County.

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  1         (XI)  District 11 is to have a juvenile justice board

  2  composed of 12 members to be appointed by the juvenile justice

  3  council in the respective counties, as follows:  Dade County,

  4  6 members and Monroe County, 6 members.

  5         (XII)  District 12 is to have a board composed of 12

  6  members, to be appointed by the juvenile justice council of

  7  the respective counties, as follows: Flagler County, 3

  8  members; and Volusia County, 9 members.

  9         (XIII)  District 13 is to have a board composed of 12

10  members, to be appointed by the juvenile justice councils of

11  the respective counties, as follows: Marion County, 4 members;

12  Citrus County, 2 members; Hernando County, 2 members; Sumter

13  County, 1 member; and Lake County, 3 members.

14         (XIV)  District 14 is to have a board composed of 12

15  members, to be appointed by the juvenile justice councils of

16  the respective counties, as follows: Polk County, 9 members;

17  Highlands County, 2 members; and Hardee County, 1 member.

18         (XV)  District 15 is to have a board composed of 12

19  members, to be appointed by the juvenile justice councils of

20  the respective counties, as follows: Indian River County, 3

21  members; Okeechobee County, 1 member; St. Lucie County, 5

22  members; and Martin County, 3 members.

23

24  The district health and human services board in each district

25  may appoint one of its members to serve as an ex officio

26  member of the district juvenile justice board established

27  under this sub-subparagraph.

28         b.  In any judicial circuit where a juvenile

29  delinquency and gang prevention council exists on the date

30  this act becomes law, and where the circuit and district or

31  subdistrict boundaries are identical, such council shall

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  1  become the district juvenile justice board, and shall

  2  thereafter have the purposes and exercise the authority and

  3  responsibilities provided in this section.

  4         2.  At any time after the adoption of initial bylaws

  5  pursuant to paragraph (c), a district juvenile justice board

  6  may adopt a bylaw to enlarge the size, by no more than three

  7  members, and composition of the board to adequately reflect

  8  the diversity of the population and community organizations in

  9  the district.

10         3.  All appointments shall be for 2-year terms.

11  Appointments to fill vacancies created by death, resignation,

12  or removal of a member are for the unexpired term. A member

13  may not serve more than three two full consecutive terms;

14  however, this limitation does not apply in any district in

15  which a juvenile delinquency and gang prevention council that

16  existed on May 7, 1993, became the district juvenile justice

17  board.

18         4.  A member who is absent for three meetings within

19  any 12-month period, without having been excused by the chair,

20  is deemed to have resigned, and the board shall immediately

21  declare the seat vacant.  Members may be suspended or removed

22  for cause by a majority vote of the board members or by the

23  Governor.

24         5.  Members are subject to the provisions of chapter

25  112, part III, Code of Ethics for Public Officers and

26  Employees.

27         Section 23.  Subsection (2) of section 985.414, Florida

28  Statutes, is amended to read:

29         985.414  County juvenile justice councils.--

30         (2)(a)  The purpose of a county juvenile justice

31  council is to provide a forum for the development of a

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  1  community-based interagency assessment of the local juvenile

  2  justice system, to develop a county juvenile justice plan for

  3  more effectively preventing juvenile delinquency, and to make

  4  recommendations for more effectively utilizing existing

  5  community resources in dealing with juveniles who are truant

  6  or have been suspended or expelled from school, or who are

  7  found to be involved in crime. The county juvenile justice

  8  plan shall include relevant portions of local crime prevention

  9  and public safety plans, school improvement and school safety

10  plans, and the plans or initiatives of other public and

11  private entities within the county that are concerned with

12  dropout prevention, school safety, the prevention of juvenile

13  crime and criminal activity by youth gangs, and alternatives

14  to suspension, expulsion, and detention for children found in

15  contempt of court.

16         (b)  The duties and responsibilities of a county

17  juvenile justice council include, but are not limited to:

18         1.  Developing a county juvenile justice plan based

19  upon utilization of the resources of law enforcement, the

20  school system, the Department of Juvenile Justice, the

21  Department of Children and Family Services, and others in a

22  cooperative and collaborative manner to prevent or discourage

23  juvenile crime and develop meaningful alternatives to school

24  suspensions and expulsions.

25         2.  Entering into a written county interagency

26  agreement specifying the nature and extent of contributions

27  each signatory agency will make in achieving the goals of the

28  county juvenile justice plan and their commitment to the

29  sharing of information useful in carrying out the goals of the

30  interagency agreement to the extent authorized by law. The

31  interagency agreement must include at least the following

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  1  participants: the local school authorities, local law

  2  enforcement agencies, the public defenders, and local

  3  representatives of the Department of Juvenile Justice and the

  4  Department of Children and Family Services. The agreement must

  5  specify how community entities will cooperate, collaborate,

  6  and share information in furthering the goals of the district

  7  and county juvenile justice plan.

  8         3.  Applying for and receiving public or private

  9  grants, to be administered by one of the community partners,

10  that support one or more components of the county juvenile

11  justice plan.

12         4.  Designating the county representatives to the

13  district juvenile justice board pursuant to s. 985.413.

14         5.  Providing a forum for the presentation of

15  interagency recommendations and the resolution of

16  disagreements relating to the contents of the county

17  interagency agreement or the performance by the parties of

18  their respective obligations under the agreement.

19         6.  Assisting and directing the efforts of local

20  community support organizations and volunteer groups in

21  providing enrichment programs and other support services for

22  clients of local juvenile detention centers.

23         7.  Providing an annual report and recommendations to

24  the district juvenile justice board, the Juvenile Justice

25  Advisory Board, and the district juvenile justice manager.

26         Section 24.  Subsection (1) of section 985.415, Florida

27  Statutes, is amended to read:

28         985.415  Community Juvenile Justice Partnership

29  Grants.--

30         (1)  GRANTS; CRITERIA.--

31

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  1         (a)  In order to encourage the development of county

  2  and district juvenile justice plans, as specified in ss.

  3  985.413 and 985.414, and the development and implementation of

  4  county and district interagency agreements among

  5  representatives of the Department of Juvenile Justice, the

  6  Department of Children and Family Services, law enforcement,

  7  and school authorities, the community juvenile justice

  8  partnership grant program is established, which program shall

  9  be administered by the Department of Juvenile Justice.

10         (b)  The department shall only consider applications

11  that which at a minimum provide for the following:

12         1.  The participation of the agencies or programs that

13  are needed to implement the project or program for which the

14  applicant is applying local school authorities, local law

15  enforcement, and local representatives of the Department of

16  Juvenile Justice and the Department of Children and Family

17  Services pursuant to a written interagency partnership

18  agreement. Such agreement must specify how community entities

19  will cooperate, collaborate, and share information in

20  furtherance of the goals of the district and county juvenile

21  justice plan; and

22         2.  The reduction of truancy and in-school and

23  out-of-school suspensions and expulsions, and the enhancement

24  of school safety.

25         (c)  In addition, the department may consider the

26  following criteria in awarding grants:

27         1.  The district juvenile justice plan and any county

28  juvenile justice plans that are referred to or incorporated

29  into the district plan, including a list of individuals,

30  groups, and public and private entities that participated in

31  the development of the plan.

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  1         2.  The diversity of community entities participating

  2  in the development of the district juvenile justice plan.

  3         3.  The number of community partners who will be

  4  actively involved in the operation of the grant program.

  5         4.  The number of students or youths to be served by

  6  the grant and the criteria by which they will be selected.

  7         5.  The criteria by which the grant program will be

  8  evaluated and, if deemed successful, the feasibility of

  9  implementation in other communities.

10         Section 25.  This act shall take effect July 1, 1998,

11  except that this section and section 16 of this act shall take

12  effect upon becoming a law.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2288

16

17  1.   Removes the section amending s. 938.19, F.S., relating to
         teen courts.
18
    2.   Makes the public defenders participants with the
19       Department of Juvenile Justice as it relates to juvenile
         assessment centers and interagency agreements.
20

21

22

23

24

25

26

27

28

29

30

31

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